STATE OF RAJASTHAN Vs. HAZARI RAM

JUDGEMENT

(1.) THIS intra-court appeal is directed against the order dated 12.04.2005 as passed in CWP No. 4004/2001 : State of Rajasthan Vs. Hazari Ram & Ors. whereby the learned Single Judge of this Court found no reason to interfere in the order dated 23.03.2001 as passed by the Board of Revenue in the appeal arising out of the ceiling proceedings in relation to the respondent-assessee (since deceased and represented by his legal representatives).

(2.) THE learned Single Judge, while taking a comprehensive view of the matter, proceeded to dismiss the writ petition with a short order that is reproduced in extenso as under:- "Heard learned counsel for the parties. THE petitioner is aggrieved against the order dated 23.3.2001 by which the Board of Revenue partly allowed the appeal of the private respondents and held that the Additional Collector in its order dated 5.6.1998 wrongly included 8 bighas of land in the account of the assessee.

(3.) THE Board of Revenue has found the fact that the aforesaid unirrigated 25 bighas of land that was treated equivalent to 8 bighas and 7 biswas as irrigated land for the purpose of ceiling was in the name of Shri Raja Ram, the grand-son of the assessee; and this land was, in fact, assessed at the hands of the said Shri Raja Ram. THE Board of Revenue, inter alia, observed as under:- "6........ THE land measuring 25 bighas BARANI equivalent to 8 bighas irrigated land of village Bhumpura was and is recorded in the name of Raja Ram as per entries of Jamabandi Exhibit-2 and this land has already been included in individual ceiling case decided by the authorised officer on 16.5.75. THE judgment of the said officer is available in the file therefore, I hold that this land cannot be included while deciding the case of grand father of Raja Ram who was the assessee in the present case on the appointed date.